Kelley v. Hogan
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. Priscilla W. Pike died in August, 1882, leaving a will which provided : “ I give and bequeath to my brother Calvin Pike in trust all my real estate (comprising four lots). The said Calvin Pike is to take the said property in trust for the benefit of my brother Sylvester M. Pike during his absence in foreign parts, and is to deliver up to him the entire…
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. Priscilla W. Pike died in August, 1882, leaving a will which provided : “ I give and bequeath to my brother Calvin Pike in trust all my real estate (comprising four lots). The said Calvin Pike is to take the said property in trust for the benefit of my brother Sylvester M. Pike during his absence in foreign parts, and is to deliver up to him the entire possession and control thereof whenever the said Sylvester shall require him to do so ; but. in case my brother Sylvester…
1Opinion of the Court
O’Brien, J.:
The questions for our determination are: Was there a valid limitation upon the, estate of Sylvester in favor of Ralph W. Maverick,, and is it still effective ?
As stated by the plaintiffs’ counsel, “ probably no branch of the law of estates created by wills presents such an apparent conflict of decision as the question whether a valid remainder can be limited on an estate upon the non-exercise by the first taker of a power of disposition.” The artificial rules of construction based in part on the use or absence of the words “ heirs, issue,” etc., which were in force prior to the…
2Cases cited3 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Jackson ex dem. Livingston v. RobinsNew York Supreme Court · 1818
3Cited by5 opinions
- West v. WestAppellate Division of the Supreme Court of the State of New York · 1926
- Steinert v. SteinertAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of JuilliardNew York Surrogate's Court · 1922
- In re the Judicial Settlement of the Estate of SmithNew York Surrogate's Court · 1905
- In re the Estate of CraterNew York Surrogate's Court · 1999